The Town and Country Planning (Development Plan) (England) Regulations 1999

Regard to be had to certain matters and statement of regard

20.—(1) In formulating their general policies in Part 1 of a unitary development plan, the local planning authority shall, in addition to the matters specified in section 12(6), have regard to–

(a) economic, environmental and social considerations;

(b) the national waste strategy;

(c) the objectives of preventing major accidents and limiting the consequences of such accidents; and

(d) the need;

(i) in the long term, to maintain appropriate distances between establishments and residential areas, areas of public use and areas of particular sensitivity or interest; and

(ii) in the case of existing establishments, for additional technical measures in accordance with Article 5 of the Directive so as not to increase the risks to people.

(2) In formulating their proposals in Part II of a unitary development plan, or their policies in a local plan, waste local plan or minerals local plan, a local planning authority shall have regard to the matters specified in section 12(6) and in paragraph (1).

(3) The reasoned justification of the general policies in Part I and of the proposals in Part II of a unitary development plan, and of the policies formulated in a local plan, minerals local plan, or waste local plan, shall contain a statement of–

(a) the regard which the local planning authority have had to the matters specified in section 12(6) and paragraph (1);

(b) the reason for any inconsistency between the policies or proposals and the national waste strategy; and

(c) the account which the authority have taken of any enterprise zone scheme in their area.

(5) In this regulation “the Directive” means Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances(1).

(6) Expressions appearing both in the Directive and in paragraph (1) have the same meaning as in the Directive.

(1)

O.J. No. L10, 14.1.1997, p. 13.